PRA help

Grumpy_Old_Git_2024

I have a CC debt which unfortunately due to circumstances I am unable to pay. I had to stop working in order to care for my disabled son, so on UC and carers. The debt is pre 2008.

I requested a CCA however part of what PRA sent me is historical terms and conditions which are very hard to make out, you basically need to use a camera and zoom in even then some of it is hard to make out. Is this acceptable/enforceable? It does have my original address. I also keep getting an automated call every day, even weekends, despite specifically stating due to my sons sensory issues I only want to deal via letter.

They have sent me a letter stating it is with its Investigations and Litigation's department for possible litigation recovery, stating I have 30 days to set up payment plan.

Any advice?

RAS

Was there ever a period of six years when you paid nothing towards this debt (5 years if you are in Scotland)?

Grumpy_Old_Git_2024

no its been about 1 year

fatbelly

So you were making payments to this for 15 years? Were you making token payments and these are now unaffordable?

You can try a settlement deal if you have a lump sum, but it sounds like you do not.

Leaves a couple of options.

You could ask them to write it off by explaining there is no way to enforce the debt. PRA are not known for their compassion though.

Or tell them that their response to your CCA request is illegible and the debt is therefore unenforceable. They may still want to test this in court. But you would effectively be calling their bluff

Sly72

To be honest log onto your PRA account and set up a payment plan on what you can afford stops the next stage.

fatbelly

Op says they are unable to make payments

Grumpy_Old_Git_2024

I can make token payments. I was able to pay as had job till beginning of covid then laid off. Sons nursery basically kicked them out due to needs so had to become full time carer.

sourcrates

Any copy agreement must be a legible copy, its been tested in court and proven as a defence.

I would write telling them your circumstances, that the debt is unaffordable, inform them of the discrepancies in the copy agreement they sent you, ask them to make a commercial decision and write the debt off.

You have a lot in your favour here, even if it went to court and they somehow won, the court would not set payments you cannot afford, if you can`t afford anything, the court would set no payment.

Try to call their bluff first, you have nothing to lose to be fair.

fatbelly

I like that approach. It combines the two options I suggested.

I don't like token offers except as a short-term strategy or if there is genuinely no other option. You've already struggled with this for 16 years which is far too long.

Grumpy_Old_Git_2024

Hi sourcrates and fatbelly

Thanks, I have sent them an email and will follow up with recorded delivery letter.

hopefully PRA will see sense